THE Government is a defendant in the case against British Nuclear Fuels and until that situation changes it cannot directly support the group taking the action, the Minister of State for Energy, Mr Emmett Stagg, has said.
Mr Stagg was responding to allegations from the Dundalk residents that it was "disgraceful that four Irish citizens have had to take things this far".
Ms Mary Kavanagh, spokeswoman for the group, said after BNFL lost its Supreme Court appeal ruling, that the Government had to take the next step. "They must back us now. It is an issue of consequence for everyone in Ireland," she said, adding that the group's aim was to close down THORP.
Mr Stagg said there was no doubt what side the Government was on. "But I don't know a situation where a defendant becomes a prosecutor." Everything legally possible was done by the Government to support the court action. "We provided them with files and documents, and two extra people were drafted into my section to assist things in any way possible to win the case," he explained.
If the State was dropped as a defendant, Mr Stagg said "it would be a completely different situation". He would consult then with the Attorney General.
At present the Attorney General was "urgently considering" a number of areas where legal action might be possible. "I would say that today's findings have added urgency to those considerations," said the Minister.
The activities of BNFL in so far as they affected the people of Ireland were matters for the Irish Government, said the solicitor for the group, Mr James MacGuill.
"It is disgraceful that they are not involved. The people of Chernobyl and Hiroshima will tell you what an important issue this is," he said.
Mr Alvin Shuttleworth, BNFL company secretary and legal director, said the company was disappointed at the outcome of its appeal. "We do not think that our operations have caused harm to the Irish people or any others. We think we are right and we will be defending this case vigorously," he said.
BNFL believes that all of the issues raised in the plaintiffs' case, including the application of European law to the operation of THORP, were previously examined in detail in the English High Court in 1994 in the case brought by Greenpeace and Lancashire County Council on those grounds, and which failed.
Ms Kavanagh said the group was delighted and not at all surprised at the outcome. It was a total vindication of its position. "We contended all along that such a case could be taken in Ireland. All the issues will be heard in a full hearing, including the issue of damage to the environment and the people of Ireland, and the harmful effects that we contend are coming from this plant. They will be heard before an Irish judge. BNFL have been unsuccessful in their efforts to stop this case going ahead."
Green MEP Ms Nuala Ahern said the decision was "an important vindication" of the Irish people's right to defend themselves against the terrible effects of radiation on a neighbouring country. "Why didn't the Irish Government bring this case, which was left to ordinary people to take?" she asked.